Will they sue me for breach of contract?

Asked by: Clare Wuckert  |  Last update: March 18, 2026
Score: 4.8/5 (33 votes)

Yes, if you fail to perform your obligations in a valid agreement, the other party can likely sue you for breach of contract, seeking monetary damages to cover their losses, but it depends on the contract's terms, severity of the breach, and if you had a valid defense, so consulting a lawyer is crucial for your specific situation. A breach means not doing what you promised, like not paying or delivering, and courts aim to put the wronged party back in the financial position they would have been in if the contract was fulfilled.

What happens if I get sued for breach of contract?

Award Damages:

If the court finds that you breached the contract, you may be required to pay damages. This could include: Compensatory damages (to cover the actual loss the other party suffered) Consequential damages (for losses caused indirectly by the breach)

Can a person be sued for breach of contract?

Yes, you can sue someone for a breach of contract. A contract is a legally enforceable agreement between two or more parties. In British Columbia and Alberta, a contract must meet certain requirements to be valid: Offer – One party makes a clear proposal.

How serious is a breach of contract?

The Legal Consequences of Breaching a Contract

Depending on the severity of the breach, you could be looking at anything from a small fine to jail time. If you're found guilty of breaching a contract, the court will order you to pay damages to the other party.

How hard is it to win a breach of contract lawsuit?

Winning a breach of contract lawsuit is challenging, requiring you to prove four key elements (valid contract, your performance, the other party's breach, and resulting damages) against potential defenses like lack of clarity or capacity, while also proving the defendant has money to pay and managing the stress, time, and cost of litigation, with most cases settling before trial anyway. 

What To Do If You Get Sued But You Don't Have The Money [Walkthrough]

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What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism. 

How much of a 25k settlement will I get?

From a $25,000 settlement, you'll likely receive around $8,000 to $12,000, but it varies greatly; expect deductions for attorney fees (typically 33-40%), medical bills, and case costs (filing fees, records), with higher medical liens or more complex cases reducing your net payout more significantly. A typical breakdown might see about $8,300 for the lawyer, $7,000 for medicals, $1,000 in costs, leaving roughly $8,700 for you, though your actual amount depends on your specific case details. 

Can I go to jail for breach of contract?

Most breaches of contract are civil matters, not criminal offenses. The legal system typically treats them as disputes over money or performance, rather than crimes. That means penalties usually involve damages, not jail time.

What are the 4 types of contract breaches?

The four main types of contract breaches are Minor (or Partial), Material, Anticipatory (or Repudiation), and Fundamental, each differing in severity, from trivial violations to complete failure to perform, affecting the non-breaching party's obligations and available remedies like damages or contract termination.
 

Is breach of contract easy to prove?

Proving a breach of contract is not an easy feat. However, having the right evidence on hand can help you determine whether a breach occurred and potentially hold the offending parties accountable.

What if someone sues you and you can't afford a lawyer?

If you're being sued and can't afford a lawyer, seek free or low-cost help from Legal Aid (LSC), pro bono programs (like ABA Free Legal Answers), law school clinics, or your local bar association; also explore self-help resources, fee waivers, or "limited scope" representation, especially for simpler cases in small claims court, and remember you can often represent yourself (pro se) with court guidance. 

How to defend a breach of contract lawsuit?

Six Defenses to Breach of Contract Claims

  1. The Contract Was to Be in Writing. ...
  2. Mutual Mistake. ...
  3. The Contract Is Indefinite. ...
  4. Expiry of the Statute of Limitations. ...
  5. Lack of Capacity. ...
  6. The Contract is Unconscionable.

What are the 5 remedies for breach of contract?

In short, the potential remedies for a breach of contract claim can include compensatory damages, specific performance, injunction, rescission, liquidated damages, and nominal damages. If someone breaches a contract with you or your company, you deserve justice.

Is there a time limit to sue for breach of contract?

For debt claims, such as breach of contract, unpaid loans, damage deposits and rent owing, the time limit is generally two years from the time the debt began.

What is considered a minor breach?

A minor breach, also called a partial or nonmaterial breach, happens when one party fails to fulfill a small part of the contract, but the overall purpose of the agreement is still met.

How is damages calculated in breach?

These damages are designed to compensate the non-breaching party for the financial losses they incurred due to the breach. The calculation typically involves determining the difference between the value of what was promised in the contract and what was actually received.

What can I claim for breach of contract?

You may have the right to claim monetary damages following a breach of contract. In most cases, you can claim enough damages to put you back in the same financial position you would have been if the other party had not breached the contract.

What happens after a contract is breached?

The party that suffered the breach can pursue legal action, particularly if it's resulted in any financial losses. Material breach of contract: A material breach is where one party receives a different result or significantly less compared to what was outlined in the contract.

Is a breach of contract serious?

Material breach: Material breaches are the most serious – it amounts to action (or inaction) in which one party fails to perform their part of the contract. The breach is so significant that the purpose of the agreement is broken, the non-breaching side not receiving the benefit from the agreement.

How do you legally get out of a contract?

How can I get out of a contract?

  1. Negotiate a Change or Cancellation. ...
  2. Express Right to Terminate. ...
  3. Cooling-off or Cancellation Periods. ...
  4. Inability to Perform. ...
  5. Mutual Mistake. ...
  6. Breaching a Contract. ...
  7. Voiding Factors. ...
  8. Contact Cornerstone Law Firm for help.

Can you terminate a contract if you are in breach?

If the other party has not upheld their side of the agreement — for example, by failing to deliver goods or meet deadlines — you may be entitled to terminate the contract for breach.

Do lawyers get paid more if they win?

Contingency fee agreements align an attorney's and client's financial interests in a case since the attorney does not receive a fee unless they recover compensation for their client. Furthermore, the more compensation the attorney wins in a settlement, the more money the attorney earns for their fee.

Is 50k a good settlement?

A $50,000 settlement is a big win, but by the time lawyer's fees, court costs, medical bills, and other debts are taken out, you might walk away with something more like $20,000 to $30,000, depending on your situation. It's still a nice chunk of change, and it's way better than nothing.

How much money do lawyers take from settlement?

Lawyers typically take 25% to 40% from a personal injury settlement, often starting at 33.3% (one-third) for cases settled before trial and increasing to 40% or more if the case goes to trial, with higher percentages sometimes for very complex cases or cases requiring extensive expert witnesses, and lower percentages for very large settlements. These fees cover the lawyer's time, risk, and expenses like court costs, which are usually deducted from the settlement before the fee is calculated, but always check your specific agreement.